Redundancy Lawyer Melbourne
re you in need of a redundancy lawyer in Melbourne? Legal representation to make sure your rights are protected and you receive the compensation you deserve. At Kelly Workplace Lawyers, we specialise in redundancy cases, helping employees find their way through this challenging period with confidence and clarity.
Whether you’re facing genuine redundancy or suspect your termination may be unlawful, our Melbourne redundancy lawyers will assess your situation thoroughly and fight for your best interests.
Book a consultation for fast and affordable legal services you can count on.
Connect with a Seasoned Redundancy Lawyer in Melbourne
Our award-winning team provides expert guidance on severance packages, notice periods, and alternative employment options, making certain you’re treated fairly throughout the process.
Although redundancies are an ordinary incidence of employment, the Fair Work Act affords rights to help those whose role is being made redundant on a genuine basis. However, the law defines genuine redundancy as and not all redundancies are lawful.
Redundancy Pay
If the case is a genuine redundancy, an employee is entitled to redundancy pay if the employee has worked with the employer for at least 12 months and if the employee is terminated:
- At the employer's initiative as the employer doesn’t require a job done by the employee to be done by anyone. An exception is where this is due to the ordinary and customary turnover of labour
- Because the insolvency or bankruptcy of the employer
Payment for redundancy may be provided for in an Agreement and a minimum amount is provided for in the National Employment Standards. The amount of redundancy paid to you will also depend on your length of service and “base rate of pay” which includes all regular allowances but excludes discretionary payments such as bonuses, car payments where this amount is expressly excluded.
Not a Genuine Redundancy
An employer may be attempting to unfairly dismiss you under the disguise of a genuine redundancy. A redundancy is only genuine if:
- The person’s employer no longer required the person’s job to be performed by anyone
- Because of the changes in the operational requirements of the employer’s enterprise
- The employer has complied with ant obligation in a modern award or enterprise agreement that applies to the employment to consult about the redundancy
Redundancy
The redundancy is not genuine if it would have been reasonable in all circumstances for the person to be redeployed within the employer’s enterprise, or the enterprise of an associated entity of the employer.
In any case, determining whether a redundancy is genuine is a complicated matter. We recommend contacting us if you were dismissed on account of redundancy and don’t believe it to be a genuine case, or if you have issues with your entitlements that come with a redundancy.
Redundancy Lawyer in Melbourne: Why Choose Kelly Workplace Lawyers?
There are many reasons to book a consultation with us for a trustworthy redundancy lawyer in Melbourne. We offer:
- Award-Winning Industry Experience: Our Principal, Joseph Kelly, is recognised in Doyle's Guide as a Leading Victorian Employment Lawyer for multiple consecutive years and is an LIV Accredited Specialist in Workplace Relations.
- Proven Track Record: Since 2011, we've successfully represented hundreds of Melbourne employees in redundancy matters.
- Transparent Pricing: Our clear, upfront pricing structure means no surprises, with flexible payment options available.
- Comprehensive Support: From initial consultation through to resolution, we provide continuous support and clear communication.
- Fast Response Times: Redundancy matters often have tight deadlines. We offer quick action to protect your rights within Fair Work timeframes.
We are committed to providing informed, fast and accessible legal advice at an affordable price. That’s our promise to you.
Need a Redundancy Lawyer in Melbourne? We Protect Your Rights
Helping you understand your rights and entitlements, KW redundancy lawyers in Melbourne offer confidential consultations to assess your situation and explain your options.
Contact our award-wining specialist employment lawyers at 1800 955 829 to schedule your consultation that is tailored to you. We have over 30 years of combined experience as a team and guide you to achieve the best possible outcome.
Frequently Asked Questions: Redundancy Lawyer in Melbourne
Can I challenge my redundancy if I suspect it's not genuine?
Yes. You can challenge a redundancy within 21 days of termination. If successful, you may receive:
- Reinstatement to your position
- Compensation for lost wages
- Additional damages for distress
We’ll assess the strength of your case and guide you through the Fair Work Commission process.
What's the difference between redundancy and unfair dismissal?
Redundancy occurs when your position is genuinely no longer required. Unfair dismissal happens when termination is harsh, unjust, or unreasonable. If your redundancy is actually a disguised dismissal, you may have grounds for an unfair dismissal claim with potentially higher compensation. If you have any questions regarding your case, reach out to us for legal advice.